Criminal Law

CCS#2/HCS/SCS/SB 9 – Modifies the crimes of stealing of livestock, animal neglect, animal trespass, and animal abuse. (See also Agricultural & Animal Law

CCS/HCS/SB 23 – Alcohol Related Traffic Offenses – Requires the court to order the Department of Revenue to issue a license to persons convicted of certain intoxication–related traffic offenses if the person (1) petitions the court, (2) has no pending charges or convictions relating to alcohol or drugs over a certain period, and (3) the court finds that the person does not pose a threat to the public.

Persons seeking a stay of assessment of points are given the option of completing the driver–improvement program through an online course. 

A person whose license is to be suspended for a first offense of driving while intoxicated or driving with excessive blood alcohol content may complete a 90–day period of restricted driving privilege in lieu of the suspension if he or she provides proof to the department that all vehicles operated by the person have a functioning, certified ignition interlock device.

Specifies that any person who has had a license to operate a motor vehicle suspended or revoked as a result of an assessment of points for a conviction for an intoxication–related traffic offense and has a prior alcohol–related enforcement contact will be required to file proof with the department that any motor vehicle operated by the person is equipped with a functioning, certified ignition interlock device as a required condition of reinstatement of the license.

Persons may receive a limited driving privilege under specified circumstances.

Specifies that any person who has a license to operate a motor vehicle revoked under these provisions and has a prior alcohol–related enforcement contact will be required to file proof with the department that any motor vehicle operated by him or her is equipped with a functioning, certified ignition interlock device as a required condition of reinstatement.

Provisions relating to alcohol related traffic offenses, except § 302.309, have an effective date of March 3, 2014. Section 302.309 has an emergency clause.

Currently, if a Missouri resident fails to dispose of a moving traffic violation charge, the court must order the Director of the Department of Revenue to suspend his or her driving privileges if the charges are not disposed of and fully paid within 30 days. The act removes the requirement that the director return the driver's license upon proof of the disposition of charges. (Signed 7/5/13)

CCS/SCS/SB 36 – Under current law, when a juvenile is prosecuted as an adult, the jurisdiction of the juvenile court over future violations of the law is forever terminated for the child unless he or she is found not guilty of the offense. This act specifies that the jurisdiction of the juvenile court is only terminated if the child is convicted of the crime.
In addition, current law allows a court of general jurisdiction to impose a juvenile sentence and, at the same time, impose, but suspend the execution of, an adult criminal sentence when an offender under the age of 17 is certified as an adult. If a juvenile is sentenced this way, the court may order the offender into the custody of the Division of Youth Services if a facility, which was designed and built by the division specifically for offenders sentenced under dual jurisdiction, has space available.
Under this act, the court must consider imposing a juvenile sentence and suspending the execution of the adult criminal sentence if the juvenile is under the age of 17 and a half. In addition, the facility only needs to be designed to serve offenders sentenced in this manner and have space available.
Also, this act requires the court to make a finding on the record as to why the division was not appropriate for the offender if the court chooses not to impose a juvenile sentence prior to imposing an adult criminal sentence. (Signed 6/12/13)

CCS/HCS/SCS/SB 42 – Modifies provisions relating to county sheriffs, allows setoff of income tax refunds and lottery payouts for unpaid debts to county jails, and bars such debtors from holding licenses to hunt or fish. Creates the MODEX fund, to be used for the support and expansion of the Missouri Data Exchange System. (See Judicial Administration) (Signed 7/12/13)

CCS/HCS/SB 43 – Modifies various provisions relating to transportation.

Requires a court to order the Director of the Department of Revenue to issue licenses to certain multiple DWI of-fenders.

Specifies that an operator must be given the option to complete a driver–improvement program through an online or in–person course to stay the assessment of points against a license.

Under current law, a first time DWI or BAC offender receives a 30 day license suspension (“hard walk”) followed by a 60–day period of restricted driving privilege. This act allows the first time DWI or BAC offender to complete a 90–day period of restricted driving privilege in lieu of the 30 day suspension if he or she provides proof to the department that all vehicles operated by the person have a functioning, certified ignition interlock device.

Any person who has had his or her license suspended or revoked as a result of points assessment for intoxication–related traffic offense convictions, and who has a prior alcohol–related enforcement contact must file proof of ignition interlock installation as a condition of license reinstatement.

Repeals the provision of law that makes a person ineligible to receive a limited driving privilege if the person has previously been granted a limited driving privilege within the immediately preceding 5 years. Under current law, a person who has had his or her licenses suspended for multiple violations of state implied consent laws (failure to submit) is ineligible to receive a limited driving privilege. This act repeals this ineligibility provision and revises the conditions for receiving a limited driving privilege for anyone whose license has been suspended for failing to submit to a chemical test. Act specifies that a person who has failed to submit to a chemical test is ineligible to receive a limited driving privilege unless the person files proof of installation with the department that any vehicle operated by him or her is equipped with a functioning, certified ignition interlock device.

Under current law, certain offenders may apply for a limited driving privilege if the person serves at least 45 days of the disqualification or revocation. This act repeals the 45 day mandatory disqualification or revocation period. In addition, the act requires a circuit court to grant a limited driving privilege to a person who otherwise is eligible, has filed proof of installation of a certified ignition interlock device, and has no alcohol–related enforcement contacts since the contact that resulted in his or her license suspension or revocation. This portion of the act is subject to an emergency clause.

Allows a person whose driving record shows no prior alcohol related enforcement contacts in the immediately preceding 5 years to complete a 90–day period of restricted driving privilege in lieu of the suspension if he or she provides proof to the department that all vehicles operated by the person have a functioning, certified ignition interlock device.

Any person who has a license revoked under the refusal to submit law (§ 577.041) and has a prior alcohol–related enforcement contact will be required to file proof with the department that any motor vehicle operated by him or her is equipped with a functioning, certified ignition interlock device as a required condition of reinstatement. The ignition interlock device must be required on all motor vehicles operated by the person for a period of at least 6 months immediately following reinstatement. (See also Motor Vehicles and Transportation Law) (Vetoed 7/11/13)

CCS/HCS/SB 51 – Provisions included affect texting while driving a Commercial Motor Vehicle and information management products. (See Motor Vehicles and Transportation Law)

HCS/SB 73 – Includes provisions relating to DWI court in Jackson County, transcript fees and motorcycle check-points. (See also Judicial Administration)

HCS/SB 75 – Modifies provisions relating to public safety. (See Local Government Law)

CCS/HCS/SB 100 – Modifies various provisions relating to various court proceedings, court costs, and surcharges and judicial personnel. (See Judicial Administration)

HCS/SB 188 – Revises the definition of “sexually violent offense” for purposes of civil commitment to include sexual abuse in the first degree, sexual assault in the first degree, deviate sexual assault in the first degree, and an act of abuse of a child involving either sexual contact, a prohibited sexual act, sexual abuse, or sexual exploitation of a minor, or any felony offense that contains elements substantially similar to these offenses.

Adds to the list of persons who shall be served with petitions for the conditional release of a sexually violent predator to include the prosecuting attorney of the jurisdiction where the person is to be released.

Under this act, when a person designated as a sexually violent predator is electronically monitored while on conditional release, the Department of Corrections must provide, upon request, the chief of the law enforcement agency for the county or city where the facility that released the offender is located with access to the real–time and recorded information collected by the electronic monitoring, including any alerts generated by the technology.

The electronic information must be closed and not disclosed to anyone outside of the law enforcement agency except upon an order of the court supervising the conditional release.

There is an emergency clause for the provision relating to the definition of “sexually violent offense.” (Signed 7/1/13)

SB 197 – It shall be a Class B misdemeanor for any individual knowingly infected with active pulmonary or laryngeal TB to expose another person without that person’s consent or report to work with active contagious TB and without following the prescribed treatment or by violating the requirements of a commitment order. If a victim contracts TB, it shall be a Class A misdemeanor. (Signed 6/12/13)

CCS/SCS/SB 224 – Specifies that it is a Class B misdemeanor for a person 21 years of age or older to present false ID to a license or gaming agent in order to enter a gambling boat. When a person under the age of 21 engages in such acts, this act specifies that it is an infraction and a $500 fine.

This act defines a child support “arrearage” as the amount of money created by a failure to provide support to a child as required under an administrative or judicial support order or support to an estranged or former spouse if the judgment or order for spousal support also requires the payment of child support and the individual receiving the spousal support is the custodial parent.

The arrearage must reflect any retroactive support ordered under a modification, any judgments entered by a court or any authorized agency, and any satisfactions of judgment filed by the custodial parent.

A person may petition the court for the expungement of the criminal records of a first felony offense of criminal nonsupport under specified circumstances.

The effect of such expungement order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction, and as if such event had never taken place. A person shall only be entitled to one expungement under this provision.

Under this act, quasi–government entities who provide information management products and services to criminal justice, municipal and county courts, and other governmental agencies must provide integration data access to the governmental agency at no additional cost. (See also Local Government Law) (Vetoed 7/1/13)

SS/SB 251 – Modifies provisions relating to public assistance fraud and abuse.

Eligible recipients of temporary assistance for needy families (TANF) benefits shall not use such funds in any electronic benefit transfer (EBT) transaction in any liquor store, casino, gambling casino or gaming establishment, any adult–oriented establishment or in any place or for any item that is primarily marketed for or used by adults eighteen or older and/or is not in the best interests of the child or household. Any TANF recipient who violates this provision shall reimburse the Department of Social Services for such purchase.

An individual, store owner or proprietor of an establishment shall not knowingly accept TANF cash assistance funds held on EBT cards for the purchase of such items or in such establishments listed above. Fines for violations of this act are set at not more than $500 dollars for the first offense, a fine of not less than $500 dollars or more than $1,000 dollars for the second offense, and a fine of not less than $1,000 dollars for the third or subsequent offense.

Criminal provisions relating to welfare fraud have been updated to reflect current federal language for the Food Stamp program and for the use of electronic benefit or (“EBT”) cards.

The criminal offenses of (1) unlawfully receiving, (2) unlawful conversion, and (3) unlawful transfer of public assistance benefits or EBT cards have been updated and renamed. The act provides for enhanced penalties for subsequent offenses.

Any person who is found guilty of felony unlawfully receiving, unlawful conversion or unlawful transfer of public assistance benefits or EBT cards shall serve not less than 120 days in the Department of Corrections unless such person pays full restitution to the state of Missouri within 30 days of the date of execution of sentence. In addition to any criminal penalty, any person found guilty of unlawfully receiving, unlawful conversion, or unlawful transfer of public assistance benefits or EBT cards shall pay full restitution to the state of Missouri for the total amount of monies converted. No person placed on probation for the offense shall be released from probation until full restitution has been paid.

Each prosecuting attorney who obtains a guilty plea or verdict for any violation of the public assistance fraud offenses shall be entitled to receive a fee from the amount of restitution paid by the defendant. (Signed 7/8/13)

CCS/HCS/SCS/SB 256 – Modifies provisions relating to child abuse and neglect. (See Family & Juvenile Law)

HCS/SS/SB 282 – Increases penalties for moving violations and traffic offenses occurring within an active emergency zone. Also includes provisions relating to removal of certain driver’s license suspensions and motorcycle checkpoints. (See also Motor Vehicles & Transportation Law) (Signed 6/27/13)

CCS/SB 327 – Modifies provisions regarding electronic monitoring of criminal offenders. (See summary of similar provisions under HB 215, infra).

Allows the DWI court to use a private probation service when the Division of Probation and Parole is unavailable to assist in the supervision of a person who wishes to enter a DWI court. A person cannot be rejected from participating in the DWI court for not residing in the city or county where the DWI court is located. (Signed 7/3/13)

CCS/SCS/HB 103 – Includes provisions relating to campus enforcement of motor vehicle laws, texting and commercial motor vehicles, permissive yellow-light intervals and endangerment of emergency workers. (See Motor Vehicles and Transportation Law & Local Government Law)

CCS/SS/SCS/HCS/HB 117 – Modifies the law relating to the initiative and referendum petition process and creates the crime of petition signature fraud. (See State Government & Elections Law)

SS/SCS/HCS/HB 215 – Modifies provisions relating to criminal procedure.

Criminal Records and Justice Information Advisory Committee – Under current law, the chairman of the Circuit Court Budget Committee serves on the Criminal Records and Justice Information Advisory Committee. This act replaces the chairman of the budget committee with the chairman of the Court Automation Committee.

Sexual Offenses – Under this act, the crimes of forcible rape and sexual assault are renamed first and second degree rape, the crimes of forcible sodomy and deviate sexual assault are renamed first and second degree sodomy, and the crimes of sexual abuse and first degree sexual misconduct are renamed first and second degree sexual abuse. Second and third degree sexual misconduct are renamed first and second degree sexual misconduct.

References throughout the statutes to the former names are updated to reflect the change. A section that prohibits insurers from taking certain actions based on a person’s status as a domestic violence victim was further modified to align with statutory definitions in current law related to domestic violence.

Under current law, forcible rape, forcible sodomy and sexual abuse all occur when a person engages in certain specified sexual conduct with another person by forcible compulsion. This act provides that a person violates the law when engaging in the sexual conduct with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by forcible compulsion.

Under current law, assent does not constitute consent if it is given by a person who due to youth, mental disease or defect, or intoxication is manifestly unable to make a reasonable judgment regarding the conduct charged. This act provides that a drug–induced state or any other reason can result in the person being unable to consent.

In addition, this act repeals current law specifying that a person is not to be considered incapacitated if the person became incapacitated after consenting to an act and a crime is not committed when an offender reasonably believed the victim consented to the act and was not incapacitated.

Current law provides that multiple sentences of imprisonment must run concurrently unless the court specifies that the sentences are to run consecutively, except when the sentences are for the crimes of rape or sodomy, in which case the sentences for those crimes must run consecutively. Under this act, sentences for the crimes of first degree statutory rape and first degree statutory sodomy must also run consecutively.

Corrections Program for Offenders Under Age 18 – Under current law, the Department of Corrections must establish correctional treatment programs for offenders who are under the age of 17. In such programs, offenders who are under the age of 17 must be separated from those who are 17 years of age or older.

This act raises the age of the offenders in the programs to under the age of 18, and provides that offenders who are under the age of 18 must be separated from those who are 18 years of age or older. The provisions relating to a regimented training program for juvenile offenders are repealed.

Current law also requires the Department to implement an ongoing evaluation process for juvenile offender pro-grams. This act removes the requirement that the process be ongoing.

This act repeals provisions requiring prosecuting attorneys to maintain sentencing records for offenders who were under the age of 17 at the time of prosecution and requiring the Department to submit an annual report regarding juvenile offender programs to the Governor and General Assembly.

Domestic Violence – Modifies provisions relating to domestic violence and makes various changes to the domestic violence chapter as follows:

(1) Provides for the consistent use of the terms “person” rather than “adult” and the use of “domestic violence” rather than “abuse” in the domestic violence chapter;

(2) Provides for the consistent use of “stalking” to ensure that the provisions of the chapter apply to instances of both domestic abuse and stalking that does not involve a family or household member;

(3) Provides that a court must order a protective order if the petitioner has proven the allegation by a preponderance of the evidence and the respondent cannot show his or her actions were otherwise justified under the law;

(4) Under this act, notice for both ex parte and full orders of protection shall have priority over other non–emergency actions;

(5) The provisions requiring a court to “dismiss a petitioner” when there are insufficient allegations have been revised to provide that the court shall deny the ex parte order and dismiss the petition; and

(6) Service on a custodial parent, guardian or guardian ad litem for a juvenile respondent will require the person to bring the respondent to court.

Also, current law provides for an exception to the requirement for public notice of a name change for instances where the person changing his or her name is a victim of domestic violence. This act extends such exception to prohibit publication on CaseNet or through other any system operated by the judiciary that is designed to provide public case information electronically. Section 527.290.2

Costs of Electronic Monitoring – Under current law, a judge may release a person charged with a crime pending trial and place the person on house arrest with electronic monitoring if the person can afford the costs of the monitoring. A judge can also order that a person convicted of a crime and placed on probation be placed on house arrest with electronic monitoring if the person can afford the costs of the monitoring.

This act provides that, in either of the above scenarios, a person may be placed on electronic monitoring if the person can afford the costs or the county commission agrees to pay the costs of the monitoring from its general revenue.

Department of Corrections 120-Day Programs – (See summary of these provisions under Judicial Administration, infra).

Restitution – Provides that restitution must be paid through the office of the prosecuting or circuit attorney. (See summary of these provisions under Judicial Administration, infra).

Possession of Child Pornography – Under current law, a person commits the Class C felony of possession of child pornography if he or she possesses any child pornography or obscene material portraying what appears to be a minor. This act provides that possession of child pornography is a Class C felony if the person possesses one still image of child pornography or one obscene still image.

Under current law, possession of child pornography is a Class B felony if the person possesses more than 20 still images of child pornography or one video of child pornography. This act also makes it a Class B felony to possess more than 20 obscene still images or one obscene video. In addition, it is a Class B felony if the person has previously been found guilty of possession of child pornography.

This act provides that a person who has committed the offense of possession of child pornography is subject to separate punishments for each item of child pornography or obscene material.

Forensic Exams for Child Victims – This act requires the Department of Public Safety to establish rules regarding reimbursements of the costs of forensic exams of children under the age of 14, including rules on conditions and definitions for emergency and nonemergency forensic examinations and qualifications for appropriate medical providers performing nonemergency forensic examinations. The department must provide reimbursement regardless of whether the exam findings indicate abuse.

In addition, this act defines the terms “emergency forensic examination” and “nonemergency forensic examination”. (See summary of similar provisions under Judicial Administration, infra).

Sexually Violent Predators – Adds to the list of persons who shall be served with petitions for the conditional release of a sexually violent predator to include the prosecuting attorney of the jurisdiction where the person is to be released.

This act provides that, when a person designated as a sexually violent predator is electronically monitored while on conditional release, the Department of Corrections must provide, upon request, the chief of the law enforcement agency for the county or city where the facility that released the offender is located with access to the real–time and recorded information collected by the electronic monitoring, including any alerts generated by the technology. The access must continue while the person is living in the county, city, town, or village where the facility that released the offender is located. The electronic information must be closed and not disclosed to anyone outside of the law enforcement agency except upon an order of the court supervising the conditional release.

This act revises the definition of “sexually violent offense” for purposes of civil commitment to include sexual abuse in the first degree, sexual assault in the first degree, deviate sexual assault in the first degree, and an act of abuse of a child involving either sexual contact, a prohibited sexual act, sexual abuse, or sexual exploitation of a minor, or any felony offense that contains elements substantially similar to these offenses. The intent of the legislature to is to reject and abrogate earlier case law interpretations on the meaning of or definition of “sexually violent offense”. (Signed 7/2/13)

SCS/HB 301 – Modifies provisions relating to sexual violent predators and to a prisoner re–entry program.

Creates a prisoner re–entry program within the Department of Corrections for prisoners who are not on parole or conditional release and who are moving to the City of St. Louis upon release.

Sexual Offenses – (See summary of similar provisions under SS/SCS/HCS/HB 215, supra).

Civil Commitment and Release of Sexually Violent Predators – (See summary of similar provisions under HCS/ SB 188, supra).

Sex Offender Registry – Under this amendment, beginning August 28, 2013, no information shall be provided on sex offender websites maintained by the Highway Patrol or any local law enforcement agencies regarding offenders who were under the age of 18 when they committed their sex offenses. Information regarding such offenders that is currently on the websites must be removed immediately.

Offenders on the adult registry who were juveniles at the time of their offenses will be required to register as sex offenders on the adult registry for a period of five years from the later of the date they were found guilty or were released from custody. After the five–year period, such offenders may petition for removal from the registry.

The court must grant the petition unless it finds that the petitioner in this state, or any other state, country, or jurisdiction, has been found guilty of, or has charges pending for, failure to register or an additional offense that would require registration on either the adult or juvenile sex offender registries, has not completed any required period of supervised release, probation, or parole, or, if the offense was adjudicated outside the state, the offender has not been a Missouri resident for at least five years.

If the petition was denied for pending charges, the petitioner may file a new petition if those charges are subsequently dismissed or the person is acquitted. A person denied for failing to register may petition again after five years have passed from the date the person was found guilty of failure to register. If the denial is for not completing a required term of probation, parole, or conditional release and the person subsequently completes such term, then the person may immediately file a new petition. A person denied for committing an additional offense requiring registration may never file a petition again under this act. If the petition was denied because the person did not meet the five–year residency requirement, then a new petition may be filed whenever the person can meet the requirement. (Vetoed 7/3/13)

CCS/SS/SCS/HB 307 – Allows the governing body of any state college or university to establish regulations to control vehicular traffic on campus. (See also Local Government Law)

SCS/HB 322 – Allows proof of financial responsibility and other insurance–related documents to be provided or presented through electronic means.

The display of an image of an insurance card on a mobile electronic device shall not serve as consent for a law enforcement officer to access other contents of the device in any manner other than to verify the image of the insurance card.
It will be a Class B misdemeanor to knowingly or intentionally produce or distribute fraudulent identification card images on a mobile electronic device. (See also Insurance Law) (Signed 7/9/13)

CCS/SS/SCS/HCS/HBs 374 & 434 – Modifies various provisions relating to judicial procedures. (See Judicial Administration)

SCS/HB 533 – Chiefs of paid fire departments or districts are exempt from a crime establishing otherwise unlawful uses of weapons when such uses are associated with the chiefs’ duties if the chiefs have the written approval of the governing body of the fire department or district and a valid concealed carry endorsement.
The General Assembly strongly promotes responsible gun ownership and condemns unlawful transfers of firearms and the use of a firearm in criminal or unlawful activity. (See also Judicial Administration) (Signed 7/5/13)

SCS/HJR 16 – Upon voter approval, this constitutional amendment would allow, in prosecutions for crimes of a sexual nature involving a victim under eighteen years of age, relevant evidence of prior criminal acts, whether charged or uncharged, to be admissible for the purpose of corroborating the victim’s testimony or demonstrating the defendant’s propensity to commit the crime with which he or she is presently charged. Also, courts would be able to exclude such evidence if its probative value is substantially outweighed by the danger of unfair prejudice.